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The

Employment
Standards Act
11/27/2014

Ontario's Pay Equity Act and the Employment Equity legislation and explain how they apply to employment situations. work opportunities.5 Discuss the concept of Exempt . 5.3 Discuss the tenets of the Ontario Human Rights Code.Learning Objectives 4. 5.1 Describe the laws affecting the design of the wage structure.4 Define the groups within which workers are classified. 4.Nonexempt labour. 11/27/2014 . and the economic security of employees with specific reference to the impact of the Employment Standards Act and the Pay Equity Act and the Income Tax Act on compensation policies in Ontario.

The Employment Standards Act •Sets minimum terms of employment •Applies to “employees” only •Special rules apply to certain industries and jobs •EmployER and EmployEE: • Cannot go below the ESA standard • Can negotiate a higher right or benefit and the higher right or benefit applies* 11/27/2014 .

12)* . 15) To pay wages (s. 11) To provide Statement of Wages (s.ER’s General Obligations To display Ministry poster containing key EE rights (s. 2) What You Should Know: To keep specific records (s.

but not for “faulty work” or for cash or lost property if employee did not have sole access to it. income tax.g. C. Statutory deductions (e. support orders) 3.Deductions from Wages (s. With specific written authorization . Court ordered deductions (e.P.g. deductions) 2. 13) 1.P. .

23) ER required to pay at least the minimum wage (Regulation 285) General minimum wages is: ◦ March 31.25 Special minimum wage rates e.$10. students under 18. waiters who serve liquor .75 ◦ March 31. 2009 . 2008 .$8.50 ◦ March 31.g.$9.Minimum Wages (s. 2010 .

Where EE is NOT paid by the hour: Example: Eric worked 40 hours in one week and earned $280 in commissions. Eric’s ER owes him …? .

00.Calculating Minimum Wage •Eric earned $7.50 more per hour. .50 = $100.00 per hour ($280 divided by 40). 40 hours x $2. •ER owes Eric $2.

Exceptions: • Emergencies • Written “excess hours agreements” (agreement to vary) .Hours of Work •“Hours of work” separate issue from “overtime premium pay” •Normal Rule .maximum 8 hours in a day (or established regular work day if more) and 48 hours in a week.

Managers and supervisors are exempt.00.22) At a minimum. Every hour worked after 44 hours in a week he must earn at least $18.00 an hour. ERs must pay one and one-half times regular rate for all hours worked beyond 44 hours in work week Example: Joe makes $12.Overtime Pay(s. .

Managerial/Supervisory Exemption from Overtime Pay “Employees who perform work that is supervisory or managerial in character and who may perform non-supervisory or non-managerial tasks on an “irregular or exceptional basis” Butler pg. 178 of “employment law” textbook .

How much overtime pay is she entitled to? . She worked 52 hours this work week.Overtime Pay for Salaried (nonmanagerial) Employees Example: Sharon’s salary is $550/week.

75 x 8 hours = $150 overtime pay (in addition to her $550 salary for that week) . divide salary ($550) by : 44 $550 divided by 44 hours = $_12.Overtime Pay for Salaried (nonmanagerial) Employees To determine hourly rate. Sharon’s overtime rate is 1 1/2 x $12.75.50_/hour.50 or $_18. _$18.

33-40 Vacation pay and vacation time are separate entitlements Vacation time is earned through service Vacation pay is based on earnings* .ss.Vacation .

employee is entitled to: 2 weeks’ annual vacation Inactive service counts EE and ER may agree.Vacation Time After 12 months of employment. to take vacation in periods of less than one week (agreement to vary) . in writing.

Vacation Pay 4% of earnings earned in 12 months for which vacation is given Example: Jamie earns $40.000 per year. Her vacation pay is: $1600 .

Thanksgiving Day. Canada Day. Christmas Day. Good Friday. Boxing Day Family Day .Public Holidays . Labour Day.s. The only qualification: EE must work the regularly scheduled day before and after public holiday (unless EE has reasonable cause for not working those days) Victoria Day.24-32 9 public holidays New Year’s Day.

Example: Farida earns $100 /day. Her public holiday pay is $100 ($2000 divided by 20.Calculating Public Holiday Pay Take total amount of regular wages and vacation pay payable to the EE in the four work weeks prior to the work week in which the public holiday occurs and divide by 20. Over four weeks she earns $2000.) .